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2023 Supreme(Bom) 1477

ABHAY AHUJA
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Maya Govind Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Kanojia with Ms. Deepika Prabhala i/b RES Juris
For the Respondent:Ms. Amita Chaware, Advocate

JUDGMENT :

1. This Appeal has been filed under section 173 of the Motor Vehicles Act, 1988 (the “M.V. Act”) challenging the judgment and award dated 30th April, 2019 passed by the Motor Accident Claims Tribunal, Nashik (the “Tribunal”) in Motor Accident Claim Petition No.1077 of 2013 partly allowing the Claim Petition of the Respondents No. 1 to 3 and awarding compensation of an amount of Rs.31,29,856/- including amount of 'no-fault' liability against the Appellant and Respondent No.4 who were held to be jointly and severally liable to pay the compensation amount with interest at the rate of 7% from the date of the petition till realization of the entire amount. The Tribunal further held that out of the total compensation, 80% of the amount to be paid to Respondent No.1 being the wife of the deceased, and 10% each to be paid to Respondents No. 2 and 3 being sons of the deceased with proportionate interest. Out of the share of Respondent No.1, the amount of 50% was directed to be invested with any nationalized bank of her choice for a period of five years with liberty to withdraw the interest quarterly and balance to be paid to the wife by account payee cheque.

2. By an order dated 20

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